Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13 CC NI ACT / 557/2024 M/s Orchid Vs. M/s 16 Shingar Lehanga House /0 (Mangol
Puri)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
01.10.2024
The court is working in hybrid mode. For physical appearance, the parties/counsels
can appear through court no. 104, extension block, Tis Hazari. For VC appearance,
the meeting ID no. is 1763291731.
Present: Sh. Naresh Sharma, Ld. Counsel for the complainant through VC,
audible but not visible.
Matter is fixed for consideration and arguments on summoning.
Ld. Counsel for the complainant was not in proper network on LDOH.
Today again, he is not in network.
Put up in recall for Ld. Counsel for the complainant to rejoin with proper
network with clear audio and video.
Matter taken up in recall.
Present: Sh. Naresh Sharma, Ld. Counsel for the complainant through VC
Ld. Counsel for the complainant relies upon affidavit at page no. 9 for
service of legal notice.
There are two cheques in the present matter.
This is the complaint for offence punishable u/s 138 of Negotiable
Instruments Act, 1881.
Physical file has been deposited and the same has been verified with the
digital file by the Reader-cum-ahlmad. Documents perused.
Ld. Counsel for the complainant is directed to file the meta data form as
per the NI Digital Court Project Implementation Guidelines framed by Hon'ble High
Court of Delhi. Ld. Counsel for the complainant undertakes to do the same.
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Arguments heard on the point of summoning. All statutory requirements
under NI Act are complied with. The present complaint filed within limitations. After
perusal of the entire record, this court is of the considered view that a
prima facie case
punishable u/s 138 NI Act is made out against the accused.
Issue summons to the accused M/s 16 Shingar Lehanga House through
its proprietor Sanjana Bhatia through approved registered courier, speed post and
email for 08.04.2025 The complainant is directed to file PF and take steps within
seven days. Complainant is directed to supply the copy of complete set of documents
filed in the court including evidence affidavit of complainant. Reader-cum-ahlmad is
directed to issue the summons only after ensuring that the same has been done.
Reader-cum-ahlmad is directed to send the e-copy of summons
alongwith e-copy of digital case file to Nazarat Branch for service through email.
Complainant is directed to file an affidavit verifying the correctness of email
id/whatsapp number of the accused. Nazarat Branch is directed to file report regarding
service of summons through email/whatsapp before NDOH.
Reader-cum-ahlmad is directed to make the following endorsements on
the summons in terms of the guidelines of Hon'ble Supreme Court passed in the case
of Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663:
Complainant is directed to file the process fee and postal envelops
physically, mentioning the details of the case etc. for issuance of summons to the
accused. Reader-cum-ahlmad is directed to preserve PF form, service report,
postal/courier envelops and upload scanned copy of thereof on the Layers 2.0 as well
as on the mirror image of the file on cloud. Accused is directed to appear before this
court through Video Conferencing on the Cisco Webex Application through the Cisco
Webex VC Room ID https://delhidistrictcourts.webex.com/meet/ninorthwest2
Put up for appearance of accused on 08.04.2025 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(JMFC(NIA) Digital court02)
NorthWest, Rohini
New Delhi/01.10.2024
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